Miami Criminal Defense Lawyer Blog

A Broward county man who spent time as a Boy Scout Volunteer was arrested by the Broward County Sheriff's Office for possession of child pornography. Possession of child pornography is not a crime commonly charged in Broward or Miami-Dade County, but when arrests are made, the cases garner a lot of media attention. Child pornography is defined under the Florida statutes as any image depicting a minor engaged in sexual conduct. Anyone who intentionally possesses, sells, lends, gives away, transmits or shows images of any kind depicting minors engaged in sexual acts can and will be charged with a third degree felony by the state attorney's office. Keep in mind that each depiction will carry a separate charge. For example, a person possessing five images can be charged with five separate counts and is looking at 25 years as opposed to 5 years in state prison. If you are being investigated for or have been arrested under the child pornography statute, immediately seek legal advice from a qualified Miami criminal lawyer experienced in defending these types of cases.

Gary Morano, was arrested on 75 counts of possession of child pornography. He was booked into the Broward County Jail and appeared at bond hearing. The standard bond for possession of child pornography in Broward County is $10,000 for each count and subsequently the bond was set at $750,000. In order to secure his release, Morano can retain a criminal lawyer to request a bond reduction, pay the amount set forth by the court, or hire a bondsman to post the bail. A bondsman will require a 10% premium or $75,000 to secure his release. Do to the high amount of the bond, the bondsman may also require additional collateral in the event the defendant decides to flee the jurisdiction.

The Broward Sheriff's Office working in conjunction with the South Florida Internet Crimes Against Children Task Force was able trace pornographic images back to a rental property owned by the defendant and his wife. The Task Force investigates sex offenses committed against children. Pursuant to a search warrant, detectives seized a computer belonging to the defendant which had images stored on the hard drive. The images depicted sexual acts of children between the ages of 6 and 10. According to the police report, the defendant was advised of his Miranda rights which he waived. The defendant told the police that he was the only one who had access to the computer and that he was aware that child pornography was stored on his computer.

In all cases where a person has been arrested, they have a constitutional right to refuse to speak to police officers or detectives and also have the right to counsel. In so many cases, the evidence collected by law enforcement is not enough to prosecute a case. In this case, the defendant would have had available many defenses to the charges. The police had no way to prove that the defendant downloaded the images, new they were present on the computer or even if the computer belonged to him. In this case, the defendant's statements divested him of many defenses and made the case harder for whichever criminal defense attorney represents him. As in so many previous blogs, always remember, never speak to police without speaking to a criminal lawyer first.

Boy Scout Volunteer Arrested on Child Porn Charges, The Sun Sentinal.com, July 20, 2010.

The Jimmy Ryce Act was passed in 1998 as a result of the kidnapping, sexual battery and murder that was committed in 1995. In 1995, a handyman named Juan Carlos Chavez approached a 9 year-old boy walking home from school in Miami-Dade County. The defendant pulled a gun on the child, forced him into his truck at gun point and then raped and murdered the child. Chavez was convicted and sentenced to the death penalty in 1998. As a result of this heinous crimes, the Florida legislature created the act allowing the civil commitment of defendants charged and convicted of sexual offenses. After a defendant serves out the sentence for the criminal act, he or she can be confined at a locked facility where they receive treatment until they are released. Sexual offenders will only be released after they are no longer deemed a threat to society. The civil commitment laws only apply to those who enter pleas or are convicted by a jury of sexually violent crimes.

The Department of Children and Family Services ("DCF") is in charge of running the Florida's Sexually Violent Predator Program. When a defendant is close to completing a prison sentence, DCF will review the case and determine if civil confinement is appropriate. Prior to making that determination, the defendant convicted of a violent sex offense will meet with mental health professionals. Once DCF determines that civil confinement is desired, a defendant must be found to be a sexually violent predator likely to re-offend either by way of a civil trial or by a voluntary entry into the program. Defendants are entitled to counsel in Jimmy Ryce actions. In fact, the public defender's office has a team of Miami criminal attorneys representing individuals been examined for civil commitment.

Presently, there are approximately 673 detainees in the Sexually Violent Predator Program. The number of defendants confined in the Florida Civil Commitment Center in Arcadia, Florida continues to grow year after year. The DCF has contracted GEO Care, Inc. to maintain and operate the center. The cost to run the center is extremely high, with a budget in excess of $25 million per year. The cost to house a single predator is about $36,000 per year which is more than double to care for an a regular state prisoner. Different sides argue that the program is too expensive while the other side says that the protection of the community has no price tag. From the inception of the center, no prisoners were released until 2005. Since that time, 31 committed defendant have completed the treatment and have been released back into the community.

All defendants charged with sex offenses or sexually motivated offenses should try to retain criminal law firms that have experience in defending these types of crimes. While a plea at first blush may seem like the way to resolve a case, especially if the amount of incarceration is limited, however, a defendant may not be released if he or she enters a plea into an offense that subjects them to civil confinement. That being the case, not only is the sentence that a person receives important, but more importantly is the offense for which that person enters a plea.

Grisly Attack on 9 Year-Old Sparked Florida's Effort to Put Away Sex Predators, The Florida Times-Union Jacksonville.com, June 27, 2010

The Florida legislature passed a bill which prohibits sex offenders and predators from coming within 300 feet of where children congregate. The bills specifically declares off limits locations such as schools, parks and playgrounds. The 300 foot ban imposed against those convicted of crimes such as sexual battery and lewd and lascivious conduct is in effect 24 hours a day. If a person previously convicted of a sex offense and characterized by the Florida Department of Law Enforcement (FDLE) as a sexual offender or sexual predator is caught within 300 feet of a school, park or playground, they will charged with a first degree misdemeanor which is punishable up to a year in jail. This another example why a defendant must retain a highly qualified Miami criminal lawyer to defend all sexually motivated crime. While a plea to probation may be an easy way out of a case and certainly avoids incarceration, the life long effects of entering such a plea will eventually become apparent.

Another law passed by the State of Florida also impacts individuals deemed to be sexual offenders or sexual predators. The current state of the law in Florida does not permit convicted sex offenders or predators to live within a 1,000 feet of schools, playgrounds and parks. If the state law was not onerous enough, some individual South Florida counties and municipalities have passed there own rules increasing the living restriction to 2,500 feet. Legislators attempted to amend the most recently passed bill to reflect 2,500 feet, but it was withdrawn at the last minute. The problem of the increased living restrictions became apparent with the recent media attention to the shanty town created by sexual offenders and predators living under the Julia Tuttle Causeway. Other jurisdictions have had similar problems with offenders not being able to live anywhere legal. These individual move into the streets where state authorities can not track them as required by the law.

If someone is being investigated or has been arrested for being involved in a sex offense, it is imperative not to speak with law enforcement investigators. On many occasions, individuals involved in these types of investigations believe their version of events provided to law enforcement will somehow prevent an arrest and prosecution. While a statement maybe on the whole exculpatory, minor details may be gleaned by detectives to make their case stronger. The constitution of the United States provides that everyone has the right to refuse to speak to law enforcement and also has the right to request not speaking to authorities without having a criminal attorney by their side. Take advantage of your rights. These laws apply to all types of cases from DUI's to first degree murder.

There are many offenses that if pled to will cause a person to be labeled a sexual offender or sexual predator. Some of the offenses are sexual battery, indecent exposure, lewd and lascivious behavior and possession or distribution of internet child pornography. A plea to any of these charges will most likely result in a person being labeled as a sexual offender or sexual predator. Defendants should also be aware that even if charges are negotiated as a part of plea bargaining, FDLE can still label someone as a sexual offender or predator even if they plead to a non-sexually motivated offense. The best way to avoid any of these consequences is to hire a highly qualified criminal defense firm to beat the case outright.

Florida Senate Votes to Ban Sex Offenders from Loitering Near Schools, Park, Sun Sentinal.com, April 30, 2010.

The former principal at Northwestern High School is standing trial for his alleged involvement in covering up a sexual crime that occurred at his school. The allegations charge that Dwight Bernard protected a football player that was accused of statutory rape. The star football player was accused of having sex in a school bathroom with an underage girl. In 2007 a grand jury indicted Bernard on two counts of official misconduct. While the prosecutor accused the defendant of covering up the crime, his criminal defense lawyer claimed that her client committed no crime.

The setting for the trial began in 2006, when the high school football player and a 14 year old female student had sex on a bathroom floor. The mother of the young girl found out about the incident and reported it during a parent-teacher conference which occurred the following month. The following day, the mother met with the principal and other school administrators to discuss the allegation. According to the indictment, Bernard failed to report the sex crime to the school police and in fact failed to report the episode to anyone. A school counselor believed Bernard would report the offense to the police once she informed him of his obligation to do so. Bernard is also accused of falsifying reports about his role in the investigation.

Police reports indicate that the incident continued to go unreported even after other students were caught have sex with the same underage girl. It was not until the victim's mother told another school employee that an investigation into the allegations regarding the football player were initiated, which eventually led to an arrest for lewd and lascivious battery on a child. The charges were filed in juvenile court. The high school student accepted a pre-trial intervention program in lieu of standing trial. The pre-trial intervention program is available for first time offenders. If the defendant completes all the conditions set forth by the prosecution, the charges will be dismissed after being enrolled in the program for approximately six months.

Individuals charged with sexual offenses must retain criminal defense law firms with significant experience in the defending these types of cases. The majority of sex offenses carry severe punishments that can land a defendant in prison. Not only is a long prison sentence possible, but anyone convicted of a sexually motivated offense will be listed with the Florida Department of Law Enforcement as a sexual offender, or even worse a sexual predator. Once an individual receives this type of classification, there are very serious ramifications. The current laws in Miami-Dade County and around the State of Florida puts restrictions on where sex offenders can live. While there has been recent changes to the local laws, a sex offender title will place limitations on where a person can reside. Additionally, sex offenders' photos are placed on the internet which is embarrassing situation. Also, sex offenders are required to register four times a year so law enforcement can track their whereabouts. While a talented criminal lawyer can avoid jail and prison sentences for sexual offenses, it is important that charge bargaining occur so that individuals who do enter pleas avoid the connotation of being a sexual offender.

Trial Over Sex Scandal Begins For Former Northwestern High Principal, The Miami Herald, April 23, 2010.

Miami-Dade County commissioners voted to amend local sex offender laws in an effort to alleviate the problems that are leaving sex offenders with no place to live with the exception of under bridges. The new ordinance will supercede portions of the old ordinance by loosening some portions of the local laws. Commissioners unanimously voted to create one standard across the entire county rather than the previously existing multiple laws handed down separately from various municipalities.

Although the standards have been loosened, Miami-Dade County made the changes maintaining a balance between the rights those convicted of sex offense such as sexual battery and lewd and lascivious conduct, and children who need protection from these offenders. Despite the changes, Miami criminal lawyers must make their clients aware of which sex offenses carry these restrictive bans before allowing their clients to enter into plea agreements with the state attorney's office. It is imperative that a Miami sex offense criminal lawyer not only plea bargain on behalf of their clients, but should also make charge bargaining a priority in an effort to avoid these restrictions.

The new Miami-Dade County ordinance repeals at least 24 laws that had previously enacted by separate municipalities. The ordinance create more workable exclusion zones for those convicted of certain sexual offenses such as sexual assault, sexual battery, lewd and lascivious conduct, statutory rape and child sex abuse. The new law maintains the 2,500-foot rule prohibiting certain sex offenders from living that close to schools. However, a new 1,000-foot rule now exists prohibiting certain sex offenders from living that distance from where children congregate. Civil libertarians applaud the new rule. However they still hold the opinion that any restrictions force many of the sexual offenders underground, thus making it more difficult for law enforcement to monitor them.

Others disagree with the change in the law. Miami Beach County Attorney, Jose Smith, intends to challenge the new law and was quoted as saying, "I haven't been satisfied that the county has the authority to do this and that the new law waters down their more strict city-wide policies." Miami Beach along with several other municipalities will challenge the new ordinance. Many local governments had previously imposed the 2,500 foot ban as a result of the rape and murder of nine-year old Jessica Lunsford in 2005. Others predict every municipality will adopt Miami-Dade Counties policies by the end of the year. The American Civil Liberties Union (ACLU) has become involved in the controversy and previously filed suit against Miami-Dade over its 2,500 foot rule. The organization has gone on record that the new ordinance is a step in the right direction, but argue for more changes in the law.

Miami-Dade OK's New Sex Offender Law, The Miami Herald, January 21, 2010.

A Miami woman filed suit against a south Miami day care center for failing to prevent her five year-old child from being sexually assaulted. The lawsuit accuses the day care of negligence for allowing her child to be a victim of child sexual abuse. The civil complaint filed in the Miami-Dade Circuit Court lists Discovery Day Care, Inc. as the defendant in the case and alleges that the school was negligent in allowing an employee's 13 year-old son to molest two pre-school age children.

The 13 year-old boy was initially charged in juvenile court with two counts of sexual assault. A Miami criminal defense attorney was able to negotiate a plea to two lesser included charges of battery. Charge bargaining in the Miami Juvenile Justice System is a common occurrence. Of course, charge bargaining may be limited depending on the severity of the crime. Typically, if a crime is serious enough, the State Attorney's Office will bind up a juvenile case to adult court where the juvenile will be facing adult sanctions.

The juvenile, only referred to as R.S. in the court records was sentenced to sexual behavior counseling, 100 community service hours, a stay away order and a curfew. He is schedule to be on probation until 2011. The information filed in state court alleged that the defendant forced a 5 year-old child to perform oral sex on him on at least 10 occasions. The sex acts were performed during nap times back in 2008. The defendant was caught when he attempted to do the same thing to a second young girl in the case. This time, the young girl reported the incident to her mother, who in turn called the police.

Since the resolution of the criminal case, the mother and child have since moved to Tampa, Florida. The attorney representing the mother and child, said the child suffered irreparable harm and is seeking monetary compensation in the civil negligence lawsuit. The mother claims that she filed suit because she and her family will never be the same. She trusted the school to protect her small daughter and should have prevented the teenager from sexually assaulting her child.

South Miami-Dade Day-Care Center Sued Over Sex Assaults, The Miami Herald, September 3, 2009.

A former Miami-Dade advertising salesman who is now locked up in Los Angeles for two sexually related attacks has been charged with a sexual assault and kidnaping which occurred at the mall located in Kendall, Florida. Theodore Lazier, a University of Florida graduate and former Beverly Hills advertising salesman has been identified through a DNA match to be the man who committed a sexual assault, kidnaping and armed robbery in Miami, Florida against a mother at The Falls Shopping Center in 2006. Lazier has not yet had the opportunity to speak with a Miami criminal lawyer at this juncture in his case. Once Lazier is transferred to Miami, Florida, he will either retain a Miami criminal lawyer or be appointed one by a state court judge.

An arrest warrant for Lazier was entered into the Miami-Dade County criminal court system. Lazier is pending arrest for two counts of armed sexual battery and two counts of armed kidnaping. In the case that occurred at the Kendall Mall, Lazier allegedly forced a 37 year-old woman into her car at gunpoint. The woman was putting her daughter into the car seat inside the parking garage when she was attacked by Lazier. Lazier drove the woman to another location where he sexually assaulted her and then abandoned her at a local Home Depot.

As a result of the attack, The Falls Shopping Center added extra security and video surveillance cameras. In order to catch the suspect, detectives created a video re-enactment of the offense and handed out hundreds of fliers around the neighborhood. Major Elizabeth Buchholz, of the Miami-Dade sexual crimes bureau stated, "Residents from coast to coast can feel a little safer knowing he is behind bars."

Lazier was at large for almost three years, when he was detained in Beverly Hills, California because he matched the description of a person who committed two assaults which occurred nearby. In once case, Lazier broke into a woman's home at gunpoint, robbed her and forced her to drive him to the airport. In the second case, Lazier assaulted a woman in an underground parking lot and attempted to kidnap her. There was no physical evidence in either case, but both victims were able to identify their attacker. Lazier was charged with kidnaping, carjacking and robbery. Lazier pled guilty in California state court and was sentenced to 11 years in prison.

Lazier was raised in Homestead, Florida and attended South Dade High School. He then graduated from the University of Florida with a telecommunications degree. He has held several jobs from Miami Beach, Florida to Beverly Hills, California.

Suspect in Rape at The Falls Being Held in L.A., The Miami Herald, September 2, 2009.

In Miami, Florida, State Attorney General Bill McCollum gave a recent interview on a radio station where he expressed that he had has a problem with the convicted sex offenders who have been relegated to live in terrible conditions under the Julia Tuttle Causeway in Miami, Florida. Republican Bill McCollum, who has always advocated harsh penalties for those convicted of crimes, expressed his opinion that local ordinances that ban sex offenders from living within 2,500 feet from schools are causing more harm than good. Most Miami criminal attorneys share in his opinion as they are intimately aware of the ongoing problem.

Currently, the law in the State of Florida prevents sex offenders from residing within 1,000 feet of schools. McCollum stated, "The state law is fairly reasonable, but many counties and cities have made it impossible for anybody to live ... in a normal living environment. It is very wrong." Ron Book, the chairman of the Miami-Dade homeless trust, was surprised by the comments because he does not believe the 2,500 foot ordinances were the root of the problem. Book was less sympathetic for the individuals convicted of sex crimes such sexual battery, lewd and lascivious behavior and child sexual abuse.

Many local governments have imposed the 2,500 foot ban as a result of the rape and murder of nine-year old Jessica Lunsford in 2005. Those critical of the new laws say the changes have forced many of the sexual offenders underground, thus making it more difficult for law enforcement to monitor them. Most of the controversy arises from the group of individuals convicted of sex offenses that are forced to live under a bridge in Miami with no toilets or running water.

The American Civil Liberties Union (ACLU) has become involved in the debate and sides with McCollum on the issue. The ACLU has filed suit against Miami-Dade over its 2,500 foot rule. Howard Simon, the director of the ACLU, found fault with the new because they fail to distinguish between serious sexual offenders and predators and those accused of urinating on the side of the road or when a seventeen year-old boy and a fifteen year-old girl engage in consensual sex.

The current debate and present state of the law in Miami and other counties should make Miami criminal lawyers aware of which sex offenses carry these bans before allowing their clients to enter into plea agreements with the state attorneys office. It is imperative that criminal defense lawyers not only plea bargain on behalf of their clients, but should also make charge bargaining a priority.

Bill McCollum: Sex-offender Bans are Faulty, Miami Herald, August 4, 2009

An article recently published in the Miami Herald is a prime example of the importance in retaining a highly qualified Miami criminal lawyer with expertise in defending sex cases. Entering a plea to a sexual offense in Miami can lead to unforeseen problems, such as finding a suitable and legal residence.

Officials in Miami, Florida are increasing their efforts to remove a colony of convicted sex offenders living under the Julia Tuttle Causeway. Miami-Dade officials and advocates for the homeless are facing growing criticism for the 70 sex offenders living under the causeway with terrible living conditions. In response the criticism, officials are attempting to obtain housing for the Miami sex offenders.

Ronald Book, the Chairman of Miami-Dade's Homeless trust, stated that they have relocated eight sex offenders to an apartment building in Miami, Florida. Officials are looking for a bigger place for the remaining individuals to be housed. Book also stated that the move is positive, however a permanent solution for the problem for the encampment must be found. Possible locations for the offenders include the old North Dade Detention Center, formerly used as a jail near the Golden Glades Interchange on the Miami-Ft. Lauderdale Border.

The majority of residents of the encampment are registered sex offenders convicted of sexual battery, lewd and lascivious behavior, child sex abuse and statutory rape. The felons are recently released from prison or serving long probationary periods. The individuals are forced to live under the causeway because they no other place to reside. County and city laws prohibit the sex offenders from residing with 2,500 feet of schools, playgrounds, parks and day care facilities - any location where children congregate.

According the Miami-Dade County State Attorney, Katherine Fernandez-Rundle, "It's a public safety issue. They are living in inhumane conditions. It's not safe for them - and it's not safe for others". Several issues linger as to who will bear the expense for rent in liability insurance. Another problem is determining who will supervise the offenders. Book suggested that an apartment building or former hotel in foreclosure may be a perfect fit.

The ACLU sued Miami-Dade County claiming that the State of Florida promulgated a law that prohibits sex offenders from residing 1,000 feet from where children congregate and that the 2,500 foot laws passed by the City and the County are too stringent and therefore unconstitutional.

Miami-Dade Plans to Relocate Sex Offenders Living under Bridge, Sun Sentinal, July 22, 2009